NDNY — Federal Employers’ Liability Act: Monington v. CSX Transportation Inc.

U.S. District Court, NDNY

Federal Employers’ Liability Act

Unsafe Workplace

Monington v. CSX Transportation Inc.
1:10-cv-1553 (GLS/RFT)
Judge Sharpe

Background: The plaintiff commenced a negligence action against his employer under the Federal Employers’ Liability Act. He alleged that his injuries occurred while he was connecting air hoses to railcars. The plaintiff was required to cross over from the left side of the railcars to the right, requiring him to ascend and descend a two-step ladder with handholds. On his descent, he fell. The defendant moved for summary judgment on the grounds that the plaintiff had failed to establish an unsafe workplace.

Ruling: The District Court granted the motion. The defendant presented evidence that the railcars are equipped with handholds and sill steps. Moreover, climbing was an integral part of the plaintiff’s job, so much so that the defendant provided safety training to its employees.

Raymond P. Forceno of Forceno, Goggin & Keller PC for the plaintiff; Michael B. Flynn and Heather M. Gamache of Flynn & Wirkus PC for the defendant